'We're keeping an eye out for people with chainsaws': Eminent domain battle heats up in Pa. town

Susquehanna County resident Megan Holleran talks to three state police officers as a tree-cutting crew watches in the background on Feb. 10, 2016. Holleran is trying to save her family's maple trees and 5 acres of land from being plowed to make way for the Constitution Pipeline.

(Submitted by Rich Garella)

On paper, these old maple trees are the center of a legal battle between an Oklahoma-based pipeline builder and a Pennsylvania family trying to protect their land.

But to the people fighting to cut them down and keep them standing, they mean much more.

From the builder's perspective, these trees stand in the way of the first pipeline that will connect Marcellus Shale gas in Susquehanna County to consumer markets in New York and New England states.

"There are consumers, power plants and utility companies there that are still getting their natural gas from the Gulf of Mexico or Canada," said Chris Stockton, spokesman for Williams Partners. "There's gas right in their backyard that they can't tap. The Constitution Pipeline was designed to change that."

But Megan Holleran and her family don't want the 124-mile pipeline cutting through the source of their maple syrup and heart of countless memories. The 23-acre property in New Milford has been in the family since the 1950s, and Williams wants to take about 5 acres of it.

To the 29-year-old Holleran, these are the trees her grandfather used to tap for sap. This is the forest that feeds the family business, North Harford Maple. In addition to the syrup, they make candy, sugar and cream. Sold mostly to neighbors and in local shops, it's not a large business. But it's theirs.

"The property they're going to clear is our most productive area. If they cut the trees now, they will destroy our business, and that's criminal," Holleran said.

The family has filed lawsuits and there's ongoing litigation about the pipeline builder's right to eminent domain, but Williams received permission last week from the Federal Energy Regulatory Commission to start cutting down the trees.

The Constitution Pipeline is a $700 million project and partnership among Williams, Cabot Oil & Gas, Piedmont Natural Gas and WGL Holdings. It is expected to be operational later this year.

When it comes to the tree cutting, there are windows when Williams can do the work. This one expires on March 31 because of environmental concerns related to the nesting patterns of birds and bats.

Holleran said she's prepared to stand in front of the trees every day for the next month and a half. This week she had company, including about 30 neighbors and environmentalists.

"We're keeping an eye out for people with chainsaws," she said.

Wednesday was the first day the company showed up to cut down the trees.

Though the company called the state police to intervene, those involved described the confrontation as a peaceful conversation.

"I told them we're waiting for the courts to put a stop to this and we asked them to wait as well," Holleran said. "The state police said they weren't going to enforce anything, and the company packed up the whole crew and left."

Williams does intend to go back, but Stockton didn't know when. "Our top priority is to make sure this is conducted safely. That drives our decision making," he said.

Holleran asked the company to first clear the properties that aren't in dispute.

That describes most properties, according to Stockton. There and in other areas of Pennsylvania, the company has "very good cooperation and relationships with property owners," he said.

Williams hoped to get there with the Hollerans, working with the family for the better part of three years, Stockton said.

Holleran claims she has not seen proof that the company tried for alternate routes, but Stockton said the pipeline can't be moved west of her family's property because of an active quarry.

"But we did look extensively at other routes, and FERC agreed with us that alternate routes impact more landowners," he said.

The company changed more than half of the 124-mile route based on feedback from landowners, Stockton said.

For the Hollerans and other Pennsylvania landowners, Williams offered easements of about two or three times the appraised value of the land, he said.

"We want the landowners to feel like they're being treated fairly," Stockton said.

Holleran agreed there were many offers.

"When you don't want to negotiate, they just throw money at you," she said.

But the appraisal was based on the lumber value, not the commercial value of the land, she said.

"It's a one-time payment, but you'd be losing so much. I'm not even 30 yet," Holleran said. "I could run the syrup business until the day I die. That wasn't factored in. It wasn't an appraisal that made much sense."

That said, there actually seems to be a mutual respect between the two sides.

"We know there are people who disagree with natural gas development, and we certainly respect their opinion," Stockton said.

Holleran agreed the tree-cutting attempt Wednesday wasn't aggressive or confrontational. A company man explained his position, and she said why she disagreed.

"We have no issue with the workers. We know they're just doing their jobs," she said.

Rich Garella, a Philadelphia resident who attended the peaceful protest this week, said the communication between the landowners and company was impressive and inspirational.

"It was very sincere and courteous. Everybody was on their best behavior. I hope that continues," he said.

Holleran agreed there's been a lot of good interaction. "Safety is what they care about. They don't want anyone to get hurt, and neither do we. We've been really respectful, and they've returned that."

"We just want them to wait on the legal decisions before they cut down these trees," she said. "It's not something we can get back."